Grant of Confirmation

buddy9

ScotGlasgow1 said:

Could anyone who has been successful in getting a C1 through a Sheriff's Dept, send me a copy of your anonymised Form? Thnanks
 

Some of the posts on another thread may help you.
https://forums.moneysavingexpert.com/discussion/6343501/c1-scotland-inventory

Kirsty73

Kirsty73 said:

buddy9 said:

Kirsty73 said:

Following successfully getting Confirmation when my Dad passed away with the help of this forum, I now have to do the same for my Mum, but hopefully should be easier this time round! I have a query about specific wording required for Declaration question 2. That I am.  Previously my Dad's Will had up-to-date addresses for me and my brother. This time my Mums Will has out of date addresses.

This below is the wording I used on Dad's:

Ms Kirsty Surname, daughter of the said deceased, appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (current address) and Mr xxx Surname is designed as residing at (current address). The said Will is produced herewith, signed and docquetted as relative hereto.

How should this now be worded to include the previous addresses written in my Mother's Will? Is the below acceptable?

Ms Kirsty Surname, daughter of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (address stated in Will) and Mr xxx Surname is designed as residing at (address stated in Will). The said Will is produced herewith, signed and docquetted as relative hereto.

Thanks for any help!

I suspect that your para 2 declaration would be ok. But here is a suggestion closer to used styles. No need for declarant executor’s name and address, it is already on the page. No need to use Mr. Ms. etc.

That I am

along with (brother’s full name and current address) the executor nominate of the deceased conform to her will dated (insert date) which is produced herewith, signed and docquetted as relative hereto and that I am the daughter of the deceased and the said (brother’s full name) is the son of the deceased. In said will I am designed as residing at (will address), a former address and the said (brother’s full name) is designed as residing at (will address) a former address.

Thanks Buddy that's a great help!

I have realised that my deceased Dad is listed as the original executor on my Mums Will (my brother and I only became executors following his death). Do I need to add this to the Declaration? If so, can I just add this line to the end?:

(Dad’s name as in will) designed as residing at (address shown in the will) who was also appointed executor predeceased the said deceased.

Thanks again for your help

buddy9

You could tag it on and it might say

[father’s name and address] who was appointed executor nominate primo loco in said will, predeceased the said deceased.

Haventaclue2

Hi, I have the same issue as Kirsty73 above. I am trying to complete the C1 for my mum who died in April. In her will my father was named as executor (he died in 2013). The wording in the will is ` I appoint the executor my husband, J--- ------- -------, whom failing by death or incapacity within one calendar month of the date of my death my daughter, K---- ------- -------, residing at ---.

The will also has my maiden name with my current address, however my mum`s address changed to a Care home.

In the  `Declaration by on page 2, I was going to put:
Mrs K--- ------ --------- or ----, where ---------- is the maiden name and  --- is the married name

In page 2 para 1, I was going to put:

Mary ----- ------------ residing sometime at `address` and latterly at `Care home address` 

.In page 2, para 2, I was going to put:

That I am - the daughter and executor nominate of the deceased conform to her will dated 2nd May 2000 who resided latterly at ------- --------
J---- ------- ---------, husband of the deceased was appointed executor nominate primo loco in said will, predeceased the deceased.
The will is produced herewith exhibited and docquetted and signed by me as relative hereto.

Also, would I have to put my dad`s details on page 1 question 10 and say `deceased`?

Any advice would be appreciated.

Kirsty73

buddy9 said:

You could tag it on and it might say

[father’s name and address] who was appointed executor nominate primo loco in said will, predeceased the said deceased.

Brilliant and thanks again. I am hoping that is me done now! Your help navigating a stressful and confusing process is really appreciated!

buddy9

Haventaclue2 said:

In the  `Declaration by on page 2, I was going to put:
Mrs K--- ------ --------- or ----, where ---------- is the maiden name and  --- is the married name
This seems ok. You also need to enter your address here.

In page 2 para 1, I was going to put:

Mary ----- ------------ residing sometime at `address` and latterly at `Care home address` 
I note that a recent applicant was told by a court that previous address not needed here when shown in para 2. [Edited for clarity - I think both addresses still need entered here]

.In page 2, para 2, I was going to put:

That I am - the daughter and executor nominate of the deceased conform to her will dated 2nd May 2000 who resided latterly at ------- --------
J---- ------- ---------, husband of the deceased was appointed executor nominate primo loco in said will, predeceased the deceased.
The will is produced herewith exhibited and docquetted and signed by me as relative hereto.

My suggestion:

That I am

the daughter and executor nominate of the said deceased conform to her will dated 2nd May 2000 which is produced herewith signed and docquetted as relative hereto. [Father’s name as in will] the husband of the said deceased who was appointed executor nominate primo loco in said will, predeceased the said deceased. In said will I am named [k………….] , a former name and the said deceased is designed as residing at [insert will address], a former address.


Also, would I have to put my dad`s details on page 1 question 10 and say `deceased`?
No. Only acting executors are entered on question 10 page 1.

The one month timescale in the will seems odd to me. I wonder if the court might see any issue with the wording as punctuated.

Haventaclue2

buddy9 said:

Haventaclue2 said:

In the  `Declaration by on page 2, I was going to put:
Mrs K--- ------ --------- or ----, where ---------- is the maiden name and  --- is the married name
This seems ok. You also need to enter your address here.

In page 2 para 1, I was going to put:

Mary ----- ------------ residing sometime at `address` and latterly at `Care home address` 
I note that a recent applicant was told by a court that previous address not needed here when shown in para 2.

.In page 2, para 2, I was going to put:

That I am - the daughter and executor nominate of the deceased conform to her will dated 2nd May 2000 who resided latterly at ------- --------
J---- ------- ---------, husband of the deceased was appointed executor nominate primo loco in said will, predeceased the deceased.
The will is produced herewith exhibited and docquetted and signed by me as relative hereto.

My suggestion:

That I am

the daughter and executor nominate of the said deceased conform to her will dated 2nd May 2000 which is produced herewith signed and docquetted as relative hereto. [Father’s name as in will] the husband of the said deceased who was appointed executor nominate primo loco in said will, predeceased the said deceased. In said will I am named [k………….] , a former name and the said deceased is designed as residing at [insert will address], a former address.


Also, would I have to put my dad`s details on page 1 question 10 and say `deceased`?
No. Only acting executors are entered on question 10 page 1.

The one month timescale in the will seems odd to me. I wonder if the court might see any issue with the wording as punctuated.

Thanks very much for your help buddy 9. The wording does seem odd. I`ll be submitting to Dumbarton Sheriff Court so I`m not sure how strict they will be.

Haventaclue2

I have gathered in all the financial information for my late mother and I`ve completed a first draft of the inventory but I`m not sure whether I`ve given enough information?

Just as a bit of background. We were in the process of selling her house to pay for Nursing home care under Power of Attorney but as she passed away in April we now require Confirmation for the sale to proceed. The house was valued in March by a surveyor.  She also had a small mortgage on the property.

I have written:

Estate in Scotland:
1/  Heritable estate in Scotland:
     Dwelling house at 7 ----- ----- Road, address. Being the subjects described in the Land Register of Scotland under         the Title number ---------
     Value of £----- by `Surveyor company name and address` on 19/3/23
     Santander mortgage outstanding of £------ from 8th Oct 2002

Would I have to describe the property or is the Title number enough? Do I have to mention the mortgage on this page or just at question No13 on page 4?


Bank accounts were in joint names with myself but these were my mother`s funds and I just assisted her in paying bills etc.

For this I have put:

2/(i) Moveable estate in Scotland:
    Bank of Scotland Current Account (joint with ---- ------ maiden name or married name (maiden name in will)), Sort Code ------, Account number ------------
    Balance at date of death including interest

    (ii) Bank of Scotland Savings account.   As above - However I deposited £9500 into this account a couple of weeks     after she died to amalgamate her savings. This was from a savings account set up on my internet banking with  regular weekly SO payments to pay her small mortgage off. This account was in my name only (in hindsight I should have set it up as a joint account). Would I have to give details of the account number, sort code
    and say `A deposit of £---- was made into account on 9/5/24 from account of ----- ----- ---- or ----- on 9/5/24 etc` and give reason?

    Also, how would I say that the bank accounts were her funds only. ie not 50% to me.

There were also a couple of very small Life insurance policies which I have detailed, but as they were from Phoenix Life which is registered in Birmingham, would I have to put this under Moveable estate in England?

Apologies for the very long post. Advice gratefully accepted. 

 

buddy9

Haventaclue2 said:

I have gathered in all the financial information for my late mother and I`ve completed a first draft of the inventory but I`m not sure whether I`ve given enough information?

Just as a bit of background. We were in the process of selling her house to pay for Nursing home care under Power of Attorney but as she passed away in April we now require Confirmation for the sale to proceed. The house was valued in March by a surveyor.  She also had a small mortgage on the property.

I have written:

Estate in Scotland:
1/  Heritable estate in Scotland:
     Dwelling house at 7 ----- ----- Road, address. Being the subjects described in the Land Register of Scotland under         the Title number ---------
     Value of £----- by `Surveyor company name and address` on 19/3/23
     Santander mortgage outstanding of £------ from 8th Oct 2002

Would I have to describe the property or is the Title number enough? Do I have to mention the mortgage on this page or just at question No13 on page 4?


Bank accounts were in joint names with myself but these were my mother`s funds and I just assisted her in paying bills etc.

For this I have put:

2/(i) Moveable estate in Scotland:
    Bank of Scotland Current Account (joint with ---- ------ maiden name or married name (maiden name in will)), Sort Code ------, Account number ------------
    Balance at date of death including interest

    (ii) Bank of Scotland Savings account.   As above - However I deposited £9500 into this account a couple of weeks     after she died to amalgamate her savings. This was from a savings account set up on my internet banking with  regular weekly SO payments to pay her small mortgage off. This account was in my name only (in hindsight I should have set it up as a joint account). Would I have to give details of the account number, sort code
    and say `A deposit of £---- was made into account on 9/5/24 from account of ----- ----- ---- or ----- on 9/5/24 etc` and give reason?

    Also, how would I say that the bank accounts were her funds only. ie not 50% to me.

There were also a couple of very small Life insurance policies which I have detailed, but as they were from Phoenix Life which is registered in Birmingham, would I have to put this under Moveable estate in England?

Apologies for the very long post. Advice gratefully accepted. 

The property description looks fine (assuming that the sale had not concluded and that none of the purchase price had been paid at time of death).

While you have a formal house valuation, I wonder if the potential sale might have progressed to an extent which suggests a higher market value. (CGT could be a consideration).

The easiest option is to include the mortgage debt in box 13 (and take into account when calculating net value on page 5) and make no mention of the mortgage in the inventory (unless there is a reason to reduce the gross estate total below a threshold).

Bank account entry based on your example could be:

Bank of Scotland Current Account in the name of the deceased and (name as on account), 

Sort Code ------, Account number ------------

Balance at date of death including interest

Wholly the deceased’s money

If the bank accounts are joint then presumably you have access to the funds without exhibiting Confirmation to the fund holder. If so, the fact that the savings account balance is somewhat higher than the date of death balance should have no consequence and you would simply show the date of death balance.

Strictly speaking, if you held £9,500 of your mother’s money in your name, then this should be listed in the inventory - but don’t include your bank account details if you do. Perhaps just an entry that reflects the date of death situation such as:

Money of the deceased held by the executor

Currie on Confirmation suggests life assurance policy is situated where the issuer resides, however court guidance for small estates advises staff to include as estate in Scotland. So perhaps you can do either!

Haventaclue2

buddy9 said:

Haventaclue2 said:

I have gathered in all the financial information for my late mother and I`ve completed a first draft of the inventory but I`m not sure whether I`ve given enough information?

Just as a bit of background. We were in the process of selling her house to pay for Nursing home care under Power of Attorney but as she passed away in April we now require Confirmation for the sale to proceed. The house was valued in March by a surveyor.  She also had a small mortgage on the property.

I have written:

Estate in Scotland:
1/  Heritable estate in Scotland:
     Dwelling house at 7 ----- ----- Road, address. Being the subjects described in the Land Register of Scotland under         the Title number ---------
     Value of £----- by `Surveyor company name and address` on 19/3/23
     Santander mortgage outstanding of £------ from 8th Oct 2002

Would I have to describe the property or is the Title number enough? Do I have to mention the mortgage on this page or just at question No13 on page 4?


Bank accounts were in joint names with myself but these were my mother`s funds and I just assisted her in paying bills etc.

For this I have put:

2/(i) Moveable estate in Scotland:
    Bank of Scotland Current Account (joint with ---- ------ maiden name or married name (maiden name in will)), Sort Code ------, Account number ------------
    Balance at date of death including interest

    (ii) Bank of Scotland Savings account.   As above - However I deposited £9500 into this account a couple of weeks     after she died to amalgamate her savings. This was from a savings account set up on my internet banking with  regular weekly SO payments to pay her small mortgage off. This account was in my name only (in hindsight I should have set it up as a joint account). Would I have to give details of the account number, sort code
    and say `A deposit of £---- was made into account on 9/5/24 from account of ----- ----- ---- or ----- on 9/5/24 etc` and give reason?

    Also, how would I say that the bank accounts were her funds only. ie not 50% to me.

There were also a couple of very small Life insurance policies which I have detailed, but as they were from Phoenix Life which is registered in Birmingham, would I have to put this under Moveable estate in England?

Apologies for the very long post. Advice gratefully accepted. 

The property description looks fine (assuming that the sale had not concluded and that none of the purchase price had been paid at time of death).

While you have a formal house valuation, I wonder if the potential sale might have progressed to an extent which suggests a higher market value. (CGT could be a consideration).

The easiest option is to include the mortgage debt in box 13 (and take into account when calculating net value on page 5) and make no mention of the mortgage in the inventory (unless there is a reason to reduce the gross estate total below a threshold).

Bank account entry based on your example could be:

Bank of Scotland Current Account in the name of the deceased and (name as on account), 

Sort Code ------, Account number ------------

Balance at date of death including interest

Wholly the deceased’s money

If the bank accounts are joint then presumably you have access to the funds without exhibiting Confirmation to the fund holder. If so, the fact that the savings account balance is somewhat higher than the date of death balance should have no consequence and you would simply show the date of death balance.

Strictly speaking, if you held £9,500 of your mother’s money in your name, then this should be listed in the inventory - but don’t include your bank account details if you do. Perhaps just an entry that reflects the date of death situation such as:

Money of the deceased held by the executor

Currie on Confirmation suggests life assurance policy is situated where the issuer resides, however court guidance for small estates advises staff to include as estate in Scotland. So perhaps you can do either!

Thank you so much again for your advice here, it’s really helping me with this process and I do appreciate it a lot. Thank you!